Circular 230 Best Practices


§10.20 – Information Requested by the IRS



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circular 230 best practices


§10.20 – Information Requested by the IRS
• Upon request by the IRS, the practitioner must promptly
– Submit non-privileged records & information to IRS
– Notify IRS of the location of requested records & information in possession of others
– Make reasonable inquiries of the client regarding the location of requested records & information in possession of others
– Not required to inquire of others or independently verify information provided by the client


§10.21 – Knowledge of Clients Error or Omission
• If you know the client has made an error or omission from any return or other tax- related document submitted to the IRS you
– Must advise the client of the nature of the error or omission
– Must advise the client of the potential consequences of the error or omission under the Code or Regulations
– Be clear in your advice


§10.22 – Diligence as to Accuracy
• Practitioners must exercise due diligence re preparation of returns and documents and in determining the correctness of representations to the client and to the IRS
• Practitioners are presumed to have exercised reasonable care and due diligence when relying upon work product of others. Were you intentionally ignorant


§10.23 - Prompt Disposition of Pending Matters A practitioner may not unreasonably delay the prompt disposition of any matter before the IRS


§10.27 - Fees
• No unconscionable fees for matters before IRS
• No contingent fees unless re an IRS challenge to
Original tax return,
– Amended return or refund claim filed win
120 days of receipt of IRS examination notice,
– Refund claim reassessed interest or penalties,
– Judicial proceeding arising under the Code.
– See Notice 2008-43 re permissible fee structures


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